CIVIL LAW, PRACTICE AND PROCEDURE – ABSOLUTION FROM THE INSTANCE – S 64(1) AND S 65 OF THE CLOSE CORPORATION ACT 26 OF 1988 – ALLEGED GROSS NEGLIGENCE OF COMPANY MEMBERS – REASONS FOR ORDER. Arcetype Project Consultants Close Corporation v Pondola Women Trading CC NAHCMD (1 November 2023)

After the close of the plaintiff’s case, the defendants launched an application for absolution from the instance.  The test for absolution from the instance has been settled by the authorities. The principles and approaches have been followed in several cases. They were approved by the Supreme Court in Stier and Another v Henke 2012 (1) NR 370 (SC) where the Supreme Court stated:

‘[4]               At 92F-G, Harms JA in Gordon Lloyd Page & Associates v Rivera and Another 2001 (1) SA 88 (SCA) referred to the formulation of the . . .

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